Facts

Monita Sharma and Eric Anderson filed a class action against BMW of North America LLC in connection with alleged water damages to electronic modules placed in BMW trunks.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended tthat they encountered problems with BMWs they had purchased due to a defective condition in that the electronic components were placed in the trunk, making them vulnerable to water damage. Plaintiffs asserted that BMW knew of the vulnerability of water damaging the electronic modules' placement in the truck, which constituted a defect in design. Plaintiffs also contended that BMW failed to inform its customers of the defect and refused to cover the costs of repair under its warranty. Plaintiffs asserted causes of action for breach of express warranty, violation of Consumers Legal Remedies Act, violation of Business & Professions Code, negligence, negligent failure to recall/retrofit, and injunctive and declaratory relief.

DEFENDANT'S CONTENTIONS:
BMW moved to dismiss the class action, arguing that Sharma lacked standing to seek injunctive relief and that plaintiffs failed to state a cause of action.

Result

The court granted BMW's motion to dismiss for failure to state a claim, giving plaintiffs the opportunity to amend the complaint to allege specifically when BMW knew of the vehicles' defect. The court denied BMW's motion to dismiss on lack of standing.